Mst. MARIAM ROZINA vs ROBERT ASHRAF

This criminal miscellaneous application was filed under Section 491 of the Code of Criminal Procedure 1898, seeking a writ of habeas corpus for the recovery and production of the petitioner's minor daughter, aged about four years, from the custody of the respondent. The petitioner and the respondent are wife and husband, and the minor child is the offspring of their marriage. The core legal question before the High Court was whether a minor child residing with her biological father can be considered to be in illegal or improper custody so as to attract the provisions of Section 491 of the Code of Criminal Procedure 1898. The High Court dismissed the application, holding that custody of a minor child with her biological father cannot be deemed illegal or improper detention. The Court laid down the principle that custody disputes between parents should be resolved through appropriate civil remedies under family laws rather than invoking the extraordinary criminal jurisdiction of habeas corpus under Section 491 of the Code of Criminal Procedure 1898.